Circular 2017/2: Casual conversion model clause in Awards

Published

Casual conversion model clause

1. Neither the Australian Public Service Enterprise Award nor the Australian Government Industry Award are listed in the recent Fair Work Commission (FWC) decision on inserting casual conversion clause into modern awards. As such there is no immediate impact.

Implications

2. This decision will have no effect on existing enterprise agreements.

3. For agencies still in bargaining, there is no requirement to include a casual conversion clause at this time.

4. We will provide further advice if the decision is extended to the Australian Public Service Enterprise Award or the Australian Government Industry Award.

5. The decision is published at: https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb3541.pdf

6. Further proceedings will occur in the FWC to settle the final form of the orders and model clause. It is expected that this will take some time.

Background

7. The proposed clause would allow a regular casual employee, who over a calendar period of 12 months has worked a pattern of hours on an ongoing basis which the employee could perform as a full-time or part-time employee, to request to convert their employment to be ongoing on a full-time or part-time basis.

8. The clause will allow an employer to refuse the request  on reasonable grounds including:

  1. it would require significant adjustment to the casual employee's hours of work to accommodate them in full-time or part-time employment under the applicable modern award;
  2. it is known or reasonably foreseeable that the casual employee's position will cease to exist within the next 12 months; 
  3. it is known or reasonably foreseeable that the employee's hours of work will be significantly reduced within the next 12 months; or 
  4. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee's hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

Further information and advice

9. Contact your APSC relationship manager or email workplacerelations@apsc.gov.au.

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